LI  B  RAHY 

OF   THE 

UNIVERSITY 

OF    ILLINOIS 

9772 
v.7 

cop.  4 


ILL  HIST.  SURVEV 


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MARION  COUNTY  BAR 


Reminiscences  of  the  Early  Marion  County  Bar 

By  William  Watson  Woollen. 

The  Constitution  of  Indiana  of  1816  provided  that  the 
Judiciary  of  the  State  should  be  vested  in  a  Supreme  Court, 
Circuit  Courts,  and  such  other  inferior  Courts  as  the  General 
Assembly  might  from  time  to  time  direct  and  establish.  It 
was  also  provided  that  the  Circuit  Courts  of  the  State  should 
consist  of  a  President  Judge  and  two  Associate  Judges,  com- 
monly known  as  "Side  Judges."  These  Courts  were  to  be 
known  and  styled  by  the  name  of  the  County  in  which  each 
of  them  were  held.  The  President  Judges  were  to  be  elected 
by  the  joint  ballot  of  both  houses  of  the  General  Assembly 
for  a  term  of  seven  years  "if  during  so  long  they  behaved 
well."  They  each  were  to  receive  eight  hundred  dollars  an- 
nually, payable  quarterly  out  of  any  moneys  in  the  treasury 
belonging  to  the  general  fund  of  the  State.  The  Associate 
Judges  were  to  be  elected  by  the  qualified  electors  of  their 
respective  Counties  for  a  term  of  seven  years,  and  receive  for 
their  services,  two  dollars  per  day,  while  attending  Court  in 
that  capacity,  to  be  paid  by  the  Counties  in  which  they  resided 
upon  the  certificate  of  the  Clerk  of  the  Court  as  to  the  num- 
ber of  days  in  attendance. 

Under  these  Constitutional  provisions,  the  State  by  the 
Revised  Statutes  of  1843,  was  divided  into  twelve  Circuits. 
Prior  to   1852,  the  Fifth  Judicial  Circuit  was  composed  of 


186  Marion  County  Bar 

Hancock,  Shelby,  Bartholomew,  Johnson,  Marion,  Hendricks, 
Morgan,  Madison,  Hamilton  and  Grant  Counties.  The  Hon. 
William  Watson  Wick,  after  whom  I  was  named,  was  the 
President  Judge  of  the  Circuit,  and  Daniel  R.  Smith  and 
Samuel  Cory  were  the  Associate  Judges  of  the  Marion  Circuit 
Court. 

Judge  Wick  was  born  in  Canonsburg,  Pennsylvania,  Feb- 
ruary 23rd,  1796.  At  the  age  of  fifty-two  he  said  of  himself 
in  an  autobiographic  letter,  "I  am  fair;  a  little  fat,  having 
increased  since  1833  from  146  to  214  pounds — six  feet  and  one 
inch  high,  good  complexion,  portly — have  been  called  the  best 
looking  man  about  town — but  that  was  ten  years  ago — not  to 
be  sneezed  at  now — a  little  gray."  He  taught  school  in  early 
life,  and  studied  medicine  first  and  then  law ;  he  then  read 
chemistry  principally  by  the  light  of  log-heaps  in  a  clearing. 
He  settled  as  a  lawyer  in  Connersville  in  December,  1819. 
In  January,  1822,  he  was  chosen  Judge  of  the  Circuit  Court 
and  moved  to  Indianapolis  where  he  resided  until  1860,  when 
he  moved  to  Franklin  and  lived  with  his  daughter.  He  held 
many  offices,  concerning  which  he  said :  "Wick  has  committed 
much  folly  in  his  time — the  principal  of  which  has  been  hold- 
ing offices,  writing  rhymes,  playing  cards  for  money,  and 
paying  other  people's  debts/'  He  was  joint  author  with 
Lucian  Barbour  in  1846  of  "A  Manual  for  Justices  and  Con- 
stables" under  the  Revised  Statutes  of  1843.  It  was  well 
known,  however,  that  Mr.  Barbour  did  the  principal  part  of 
the  work,  for  Judge  Wick  did  not  like  to  work.  He  was  an 
able  lawyer  and  as  a  Judge  presided  with  much  dignity,  and 
I  think  acceptably  to  the  bar.  In  my  boyish  imagination,  I 
thought  he  was  the  most  wonderful  man  that  I  had  ever  seen, 
and  it  was  this  that  made  me  conceive  the  idea  of  becoming  a 
lawyer.     Like  poor  Yorick,  Judge  Wick  was  "A  fellow  of 


Marion  County  Bar  187 

infinite  jest,  of  most  excellent  fancy."  A  member  of  the  bar 
with  a  very  "shady"  character  died,  and  a  bar  meeting  was 
held.  Many  fulsome  eulogies  were  pronounced  by  various 
members  of  the  bar  concerning  the  life  of  the  deceased.  The 
presiding  officer  said:  "I  see  Judge  Wick  is  present,  perhaps 
he  has  something  to  say."  Wick  arose  and  with  much  gravity 
said:  "Gentlemen,  I  know  myself  better  than  anybody  else, 
and  when  I  die,  I  desire  that  no  bar  meeting  be  held,"  and 
with  this  implied  rebuke  he  sat  down.  Based  upon  the  three 
w's  in  his  name  he  often  said  that  when  he  died,  his  epitaph 
ought  to  be : 

"Here  lies  double-you,  double-you,  double-you 

Who  ne'er  again  will  trouble-you,trouble-you,  trouble-you." 

He  died  May  19th,  1868,  and  was  buried  in  the  Franklin 
Cemetery.  William  Wesley  Woollen,  in  his  sketch  of  Judge 
Wick  says :  "His  grave  is  without  even  a  head-stone  to  mark 
it.  It  is  several  inches  lower  than  the  cemetery's  level,  other- 
wise there  would  be  nothing  to  show  that  the  ground  where 
his  ashes  lie  was  ever  disturbed.  *  *  *  On  either  side 
are  monuments  commemorating  the  virtues  of  those  who 
exercised  but  little  influence  upon  their  kind,  and  whom  the 
State's  history  will  never  mention.  Amid  such  surroundings 
is  the  final  resting  place  of  the  genial  pioneer  with  nothing  to 
mark  it  save  an  indentation  in  the  ground.  *  *  *  Stand- 
ing by  it  a  thoughtful  man  must  realize  the  instability  of 
worldly  honor  and  human  greatness.  Alas,  how  transient  and 
fleeting  they  are!" 

Judge  Smith  by  trade  was  a  tailor,  and  by  occupation  a 
farmer.  At  that  time  and  until  his  death  he  resided  on  his 
farm  northeast  of  Millersville.  After  the  expiration  of  his 
term  of  office,  he  gave  some  attention  to  the  practice  of  law. 


188  Marion  County  Bar 

Judge  Cory  was  a  school  teacher  by  profession  and  a  farmer 
by  occupation,  and  resided  on  his  farm  adjoining  to  that  of 
my  father  in  Lawrence  Township.  It  was  during  that  period 
of  time  that  I  first  became  acquainted  with  the  Circuit  Court 
of  this  County  and  some  members  of  its  bar.  That  acquaint- 
ance was  brought  about  in  this  manner.  The  "Big  Four"  rail- 
road then  had  not  been  built,  nor  were  carriages  and  buggies 
in  use  in  our  part  of  the  country.  We  traveled  from  place 
to  place  in  "jolt  wagons"  and  on  horseback.  Judge  Cory  carne 
to  Court  on  Monday  morning  and  returned  home  Saturday 
afternoon  on  a  gray  mare  with  me  behind  him — it  being  my 
part  of  the  job  to  take  the  mare  home  on  Monday  and  bring 
her  to  him  on  Saturday. 

The  Court  House  of  that  early  day — the  first  built  in  this 
County — was  built  by  the  State  and  County  for  joint  use, 
and  located  in  the  center  of  the  Court  House  square,  with  the 
front  facing  to  the  South.  It  was  built  of  brick,  trimmed  with 
dressed  stone,  two  stories  high,  and  in  size,  finish  and  outside 
appearance,  very  much  resembled  the  residence  of  Dr.  George 
W.  Mears,  which  is  still  standing  on  North  Meridian  street, 
next  north  of  the  Blacherne,  except  that  the  roof  was  steeper, 
and  the  front  steps  without  a  portico,  were  longer.  The 
entrance  was  ornate.  It  had  two  large  fire-places  for  the 
burning  of  wood — one  in  the  east  and  one  in  the  west  side  of 
the  building.  The  rostrum  and  court  desk  was  on  the  north 
side  of  the  building,  with  the  Clerk's  desk  immediately  in 
front  and  fronting  the  tables  arranged  for  the  use  of  members 
of  the  bar. 

The  practice  of  law  prior  to  the  adoption  of  the  Code  of 
1852,  was  very  different  to  what  it  has  been  since.  Circuit 
Courts  then  were  not  governed  by  a  Statutory  Code.  They 
had  jurisdiction  in  common  law,  equity  and  criminal  cases,  and 


Marion  County  Bar  189 

separate  dockets  were  kept  for  each  of  these  divisions.  An 
attorney  had  to  know  to  which  of  these  divisions  his  cause 
properly  belonged,  and  have  it  docketed  accordingly.  Lawyers 
then  were  not  "case  lawyers."  Their  knowledge  of  the  prin- 
ciples of  law  had  to  be  obtained  from  the  text  books  and 
English  Common  Law  and  Chancery  Reports,  and  not  from 
the  reports  of  the  Indiana  Supreme  Court.  The  first  session 
of  that  Court  was  held  at  Corydon,  in  December,  1816.  No 
reports  of  its  decisions  were  published  until  fourteen  years 
after,  the  first  volume  of  Blackford  having  been  published  in 
1830.  The  adjudications  of  that  Court  for  the  first  thirty-six 
years  of  its  existence  were  embraced  in  the  eight  irregularly 
issued  volumes  of  Blackford.  These  learned  reports  with  a 
national  and  international  reputation,  may  be  said  to  contain 
the  basis  of  the  jurisprudence  of  this  state — "The  Common 
Law  of  Indiana."  The  practice  that  maintained  during  those 
thirty-six  years  was  different  to  that  which  maintains  now. 
Demurrers  and  motions  were  not  presented  by  briefs  but  by 
the  forensic  efforts  in  open  Court  of  the  members  of  the  bar. 
This  was  calculated  to,  and  did  make  great,  ready  and  learned 
lawyers — the  peers  of  any  in  the  United  States.  Among  those 
of  this  class  practicing  at  the  Marion  County  bar,  were: 
James  Morrison,  Oliver  H.  Smith,  Ovid  Butler,  Calvin 
Fletcher,  Simon  Yandes,  Lucian  Barbour,  John  D.  Howland, 
Philip  Sweetzer,  Jonathan  A.  Liston,  David  Macy,  John  H. 
Bradley,  Hiram  Brown,  William  Quarles,  Hugh  O'Neal, 
Abraham  A.  Hammond,  Robert  L.  Walpole,  John  L.  Ketcham, 
Horatio  C.  Newcomb,  Jonathan  S.  Harvey,  Albert  G.  Porter, 
John  B.  Dillon  and  John  Caven.  On  this  occasion,  my  remarks 
must  of  necessity,  be  limited,  and  confined  to  only  a  few  of 
the  men  mentioned. 

Of  this  retinue  of  distinguished  men  it  can  truthfully  be 


190  Marion  County  Bar 

said  that  James  Morrison  was  the  Nestor  of  the  bar.  He 
was  a  Scotchman,  and  he  and  his  brother,  William,  were,  two 
of  the  tallest,  most  erect  and  best  dressed  gentlemen  in  Indian- 
apolis. He  resided  at  the  junction  of  Fort  Wayne  and  Central 
Avenues,  in  a  modest  two-story  brick  house  located  on  a 
quarter  of  a  square  with  a  very  large  and  beautiful  flower- 
garden  to  the  north  of  it.  His  wife  was  a  great  lover  of 
flowers,  and  the  genius  who  developed  the  garden.  He  walked 
to  and  from  his  office  and  was  very  regular  in  his  habits.  He 
was  very  temperate  except  that  he  smoked  almost  incessantly 
in  and  out  of  Court.  He  was  a  strict  Episcopalian,  somewhat 
aristocratic;  socially  he  was  somewhat  exclusive.  His  ideals 
were  of  the  highest  order;  he  was  sensitive,  and  the  embodi- 
ment of  integrity  and  honesty.  In  his  later  years  he  was 
very  nervous,  shaky  and  irritable,  due  perhaps  to  his  excessive 
smoking.  Judge  Tarkington,  in  "Bricks  from  the  Old  Court 
House"  tells  this  story  about  a  tilt  that  Mr.  Morrison  had  in 
Court  with  Mr.  Simon  Yandes.  Yandes  was  turning  to  take 
his  seat  after  an  earnest  argument  with  Morrison  and  said 
something  in  a  low  tone.  Morrison  belligerently  faced  Yandes 
and  in  an  excited  tone  said:  "What!  What's  that  you  say? 
I  don't  allow  any  man  to  call  me  a  rascally  old  Scotchman." 
Yandes  straightening  up  to  his  six  feet  two  resentfully 
exclaimed:  "I  did  not  say  you  are  a  rascally  old  Scotchman, 
I  said  you  are  a  raspy  old  Scotchman."  "Very  well,  sir," 
responded  Morrison,  calming  down,  "I  accept  your  apology, 
but  please  do  not  repeat  it."  With  ail,  he  was  profoundly 
learned  in  the  law  and  in  addressing  a  Court,  was  one  of  the 
very  ablest  of  advocates. 

Oliver  H.  Smith  was  the  leader  and  biographer  of  the  bar. 
He  was  born  December  23rd,  1794,  on  Smith's  Island,  near 
Trenton,   New  Jersey.     He   came  to   Indiana  in    1817,   was 


Marion  County  Bar  191 

licensed  to  practice  law  in  March,  1820,  and  in  1839  became 
a  citizen  of  Indianapolis.  I  knew  him  best  as  a  neighbor  of 
my  grandfather.  He  owned  and  resided  on  the  northwest 
quarter  of  the  square  where  the  Interurban  Station  is  now 
located,  and  lived  in  the  most  pretentious  house  in  the  city, 
built  in  the  center  of  the  lot,  of  brick,  trimmed  with  stone. 
My  grandfather,  a  farmer,  lived  in  a  modest  one-story  wooden 
cottage  on  the  corner  lot  diagonally  across  the  street  where 
now  stands  the  Hotel  Metropole.  Smith  was  an  ambitious 
man  and  a  good  neighbor.  He  was  five  feet  ten  inches  high, 
broad-shouldered  and  weighed  about  one  hundred  and 
eighty  pounds.  His  eyes  were  dark,  his  hair,  which  stood 
erect  on  his  head,  was  black.  He  had  large  shaggy  eyebrows, 
and  the  general  outline  of  his  features  denoted  energy,  pluck 
and  endurance.  He  was  a  diligent  student  and  truly  a  great 
lawyer.  He  was  the  author  of  "Early  Indiana  Trials  and 
Sketches."  In  this  he  says  that  good  common  sense  is  the 
foundation  upon  which  the  superstructure  of  an  education 
for  a  lawyer  must  rest.  "The  student  should  have  a  good, 
sound  English  education ;  he  should  spell  well,  read  well,  and 
write  well,  and  understand  the  principles  of  arithmetic  and 
English  grammar."  He  adds :  "A  fine  looking  young  man 
called  upon  me  one  day,  desiring  to  study  law  with  me.  I 
inquired  of  him  as  to  his  education.  He  answered,  T  am  a 
graduate  of  an  Eastern  College ;  I  understand  Latin,  Greek 
and  Hebrew ;  I  stood  No.  2  in  a  large  class  of  graduates.'  I 
said,  'Do  you  spell  well?'  He  answered,  T  presume  so,  but  I 
never  thought  much  of  that.'  I  said,  'Spell  balance.'  He 
spelled  it  'ballance.'  I  said,  'That  won't  do.  Do  you  read 
well?'  He  answered,  'Certainly.'  Then  read  this.  He  read, 
'My  name  is  Njorval  on  the  Grampian  hills.'  I  said,  'What 
was  his  name  off  the  Grampian  hills?     Do  you  write  well?' 


192  Marion  County  Bar 

He  answered,  'No,  I  never  could  write  much ;  indeed  I  never 
tried  to  learn.  Our  great  men  East  can  scarcely  write  their 
names  so  that  they  can  be  read.'  I  said,  'Let  me  see  you  write.' 
He  scratched  of!  some  caricatures  looking  like  Greek  or 
turkey  tracks.  'That  is  sufficient;  your  education  is  too  im- 
perfect for  a  lawyer;  the  dead  languages  may  be  dispensed 
with,  but  spelling,  reading  and  writing  can  not  be.'  "  Mr. 
Smith  died  at  Indianapolis,  Saturday,  March  19th,  1859.  Gen. 
John  Love  was  his  son-in-law. 

In  those  early  days,  the  triple  firm  of  Fletcher,  Butler  & 
Yandes,  consisting  of  Calvin  Fletcher,  Ovid  Butler  and  Simon 
Yandes,  had  the  most  extensive  practice  throughout  the  Fifth 
Judicial  Circuit.  Their  business  largely  consisted  in  the  mak- 
ing of  collections  for  eastern  merchants.  They  all  became 
wealthy  and  this  was  due  to  their  integrity  and  strict  atten- 
tion to  business,  and  the  acquiring  of  title  to  real  estate  taken 
for  debts  due  to  their  clients. 

Calvin  Fletcher,  the  senior  member  of  the  firm,  was  born 
in  Ludlow,  Vermont,  February  4th,  1798.  He  came  to 
Indianapolis  in  September,  1821,  when  there  were  only  "a 
few  newly  erected  cabins"  in  the  place,  and  commenced  the 
practice  of  law,  and  for  twenty-two  years  traveled  twice 
annually  over  the  Fifth  Judicial  Circuit.  In  1852  he  was 
appointed  Porsecuting  Attorney  of  the  Circuit,  which  office 
he  held  for  about  one  year,  and  then  resigned.  It  was  during 
this  time  that  the  celebrated  Indian  murder  case  at  Pendleton 
was  prosecuted  by  Mr.  Fletcher.  Four  men  were  convicted 
of  murdering  eight  Indians  and  hanged.  This  brought  him 
into  prominence  and  a  successful  future  awaited  him.  In 
after  years  I  became  well  acquainted  with  him.  He  was  the 
most  energetic,  industrious,  persevering,  social,  temperate  and 
economical  lawyer  that  I  have  ever  known.    It  was  these  qual- 


Marion  County  Bar  193 

ities  of  character  that  made  his  career  so  successful  and  to  be 
known  as  the  wealthiest  man  in  Indianapolis.  He  was  a  suc- 
cessful lawyer,  banker,  railroad  promoter,  and  farmer.  He 
was  the  senior  member  of  the  banking  firm  of  Fletcher  & 
Sharpe  which  was  the  leading  bank  of  this  city  during  his 
connection  with  it.  The  bank  at  that  time  was  located  at  the 
corner  of  Washington  and  Pennsylvania  streets  in  the  College 
Hall  building.  My  office  was  upstairs  in  a  small  back  room 
of  the  same  building.  It  was  a  custom  of  Mr.  Fletcher  to 
ride  to  the  bank  in  the  morning  on  horseback,  hitch  his  horse, 
look  over  his  mail  and  then,  during  the  farming  season,  ride 
to  his  farm,  the  largest  in  the  county,  just  east  of  the  city  on 
the  Pendleton  road.  He  kept  no  buggies  or  carriages ;  his 
was  too  simple  a  life  for  that.  John  B.  Dillon,  the  Indiana 
historian,  said  of  him  that  "As  a  speaker  his  language  was 
forcible.  His  reasonings  were  generally  brief  and  pointed, 
and  were  always  understood  by  those  to  whom  they  were 
addressed.  He  belonged  to  the  class  of  'business  speakers/ 
and  he  seemed  to  care  very  little  for  the  arts  of  rhetoric  and 
logic.  He  could  on  proper  occasions,  use  his  power  of  sarcasm 
with  great  skill."  He  was  about  five  feet  eight  inches  high 
and  was  strongly  and  compactly  built.  He  had  dark  brown 
hair  and  gray  eyes.  His  features  were  symmetrical.  He  died 
May  26th,  1866,  his  residence  at  that  time  being  on  a  quarter 
of  a  block  at  the  corner  of  Pennsylvania  and  Tenth  streets, 
where  Mrs.  Samuel  E.  Perkins  now  resides.  He  was  a  devout 
member  of  the  Methodist  Church,  and  for  thirteen  years  was 
superintendent  of  a  Sunday  School.  The  Fletcher  Methodist 
Episcopal  Church,  built  on  the  site  of  his  former  residence, 
was  named  in  honor  of  him.  It  has  been  truthfully  said  of 
him,  that  he  "was  one  of  the  men  who  made  Indianapolis 
what  it  is,  and  his  influence  was  always  for  the  good." 


194  Marion  County  Bar 

Ovid  Butler  was  born  February  7th,  1801,  at  Augusta, 
Oneida  County,  New  York.  I  became  acquainted  with  him 
and  his  beneficent  work,  when  he  and  Elder  John  O'Kane 
were  promoting  the  building  of  the  Northwestern  Christian 
University,  afterwards  known  as  "Butler  College.',  At  that 
time  he  owned  a  farm,  the  southwest  corner  of  which  was  at 
Fort  Wayne  and  Central  Avenue.  The  University  building 
was  constructed  in  a  forest  on  the  northeast  quarter  of  the 
farm,  Mr.  Butler  having  given  the  land  to  the  institution  and 
largely  endowed  it.  I  afterwards  graduated  from  the  Law 
Department  of  that  University.  Mr.  Butler  was  a  great  lover 
of  trees,  this  fact  being  in  evidence,  even  to  the  present  day, 
by  the  great  number  of  fine  forest  trees  standing  on  what  was 
then  his  farm.  He  subdivided  the  south  half  of  the  farm  and 
named  the  principal  streets  after  our  native  forest  trees.  An 
exception  to  this  was  the  name  of  "Forest  Home  Avenue," 
which  was  then  the  most  northern  street  of  the  city  and  ran 
east  and  west  in  front  of  his  home,  also  built  in  the  midst  of 
the  forest,  and  known  as  "Forest  Home."  Mr.  Butler  in 
stature  and  build  was  rather  under  size;  his  movements  were 
not  hasty ;  his  speech  was  chaste  and  well  chosen.  He  was  a 
prominent  member  of  what  then  was  known  as  the  Central 
Christian  Church.  He  was  not  an  eloquent  lawyer,  but  was 
a  great  counselor.  It  was  his  part  to  have  charge  of  the  office, 
and  advise  his  associates  and  clients.  He  retired  from  the 
practice  of  law  several  years  before  his  death.  His  latter 
years  were  leisurely  and  quietly  spent  in  reading  and  con- 
templating choice  books  at  Forest  Home.  It  was  my  privilege 
to  take  his  deposition  in  the  library  of  that  home  not  long 
before  he  died.  A  good  man  and  beneficent  citizen  passed 
away,  when  he  died  July  12,  1881.  The  good  results  of  his 
beneficence   have  been    far   reaching   in   this    State   and   the 


Marion  County  Bar  195 

Middle  West,  and  the  end  is  not  yet.  He  was  the  first  in 
this  State  and  so  far  as  I  know,  in  this  country,  to  conceive 
the  idea  of  establishing  a  University. 

Simon  Yandes  in  person  was  over  six  feet  high,  narrow 
chested,  with  sallow  complexion,  light  hair,  gray  eyes  and  wide 
mouth.  His  speech  was  slow  and  hesitating,  attributable  to 
a  slight  stuttering.  He  was  not  an  orator,  but  his  earnest 
simple  plain  spoken  words  were  very  effective,  both  in  address- 
ing the  court  and  jury.  During  his  association  with  Messrs. 
Fletcher  and  Butler,  it  was  his  part  to  look  after  their  local 
business,  and  he  performed  it  well.  In  after  years  he  was 
partner  of  Oliver  H.  Smith,  who  was  his  particular  friend 
and  admirer.  Concerning  him  Mr.  Smith  says :  "He  was  one 
of  the  few  men  upon  whose  word,  faith  and  integrity  I  could 
rely  under  all  circumstances.  Surrounded  by  all  kinds  of 
temptations,  Mr.  Yandes  was  one  of  the  most  conscientious 
men  in  professional  and  private  life  I  ever  knew."  If  I  had 
listened  to  him  and  taken  his  advice,  I  might  now  be  wealthy 
instead  of  being  poor.  I  had  earned  and  had  at  my  command 
about  one  thousand  dollars.  He  advised  me  to  invest  it  in 
the  stock  of  the  Bellefontaine  Railroad  Company,  which  was 
selling  at  less  than  twenty-five  cents  on  the  dollar.  He  was 
sure  that  it  would  advance,  and  it  did,  and  as  I  recall,  sold  for 
about  ninety-five  cents  on  the  dollar.  I  did  not  heed  him,  and 
put  my  money  in  the  hands  of  a  partner  to  buy  horses  for  the 
government.  In  six  months  time  I  was  insolvent,  with  an 
indebtedness  of  $5,500.00  to  pay.  Mr.  Yandes  was  a  very 
stanch  Presbyterian  and  devised  and  bequeathed  his  estate 
principally  to  Missions  and  feeble  Churches  of  that  denomina- 
tion. For  many  years  the  Johnson  Block,  located  on  the  lot 
where  the  State  Life  Insurance  Building  now  stands,  was 
one  of  the  most  pretentious  business  buildings  on  Washington 


196  Marion  County  Bar 

Street.  The  second  story  of  it  was  used  for  law  offices  and 
the  third  for  sleeping  rooms.  Kilby  Ferguson,  Robert  L. 
Walpole,  James  N.  Sweetzer,  John  Caven,  John  B.  Dillon, 
Simon  Yandes  and  John  L.  Ketcham,  all  lawyers  and  bach- 
elors, except  Mr.  Ketcham,  had  offices  on  the  second  floor, 
which  was  known  as  "Bachelors'  Roost."  Mr.  Yandes  had 
two  rooms,  one  he  used  as  an  office  and  the  other  as  a  sleeping 
room,  and  these  he  occupied  until  the  building  was  torn  down 
to  make  place  for  the  insurance  building. 

Another  prominent  firm  was  that  of  Barbour  &  Howland, 
consisting  of  Lucian  Barbour  and  John  D.  Howland.  Their 
office  was  up  stairs  at  the  northwest  corner  of  Washington 
and  Meridian  streets.  They  had  a  very  large  civil  and  pro- 
bate practice.  They  were  joint  authors  of  "A  Manual  for 
Executors,  Administrators  and  Guardians,"  published  in  1862. 
This  was  the  first  book  of  its  kind  published  in  this  State  and 
for  many  years  was  recognized  as  authoritative  upon  the 
subjects  treated  in  it.  It  was  generally  understood  that  Mr. 
Howland  did  the  principal  part  of  the  work  and  while  junior 
in  years,  and  as  a  member  of  the  firm,  his  name  took  preced- 
ence in  the  authorship  of  the  book. 

In  my  boyhood  days  it  was  customary  in  our  part  of  the 
country  to  have  Fourth  of  July  celebrations.  The  Sunday 
Schools  from  the  surrounding  country  would  gather  at  a  cen- 
tral point,  march  with  banners  upon  which  were  various 
designs  and  mottoes,  to  a  grove  prepared  for  the  occasion, 
listen  to  the  reading  of  the  "Declaration  of  Independence," 
the  delivery  of  an  oration  by  some  one  chosen  for  the  occa- 
sion, and  partake  of  ginger  cakes  and  lemonade.  It  was  on 
one  of  those  occasions  in  a  beech  grove  where  Lawrence  is 
located,  that  I  first  saw  and  heard  Lucian  Barbour  speak. 
That  speech  was  delivered,  as  was  his  custom,  in  plain,  simple 


arion  County  Bar  197 

English,  without  empt  at  embellishment  or  oratory,  and 

when  he  had  finished  we  all  understood  what  he  had  said  and 
talked  about.  He  was  born  at  Canton,  Connecticut,  March 
4th,  1811,  and  graduated  at  Amherst  College  in  1837.  After 
his  graduation  he  moved  to  Madison,  Indiana,  and  read  law 
with  Stephen  C.  Stevens,  a  Judge  of  the  Supreme  Court.  He 
settled  permanently  in  Indianapolis  in  1839,  and  died  there 
July  19,  1880.  In  1848  President  Polk  appointed  him  United 
States  District  Attorney  for  Indiana.  Pie  was  a  member  of 
the  34th  Congress.  In  person  he  was  tall  and  commanding, 
hair  sandy,  inclined  to  red,  eyes  light,  features  prominent. 
The  stoop  of  his  shoulders  indicated  that  he  was  a  great 
student,  and  this  was  emphasized  by  the  wide  extent  of  his 
knowledge.  Pie  took  great  interest  in  horticulture  and  agri- 
culture, and  much  pleasure  in  planting  fruit  and  forest  trees. 
An  evidence  of  this,  is  the  beautiful  grounds  surrounding  the 
home  of  Mr.  Frank  D.  Stalnaker  in  North  Meridian  Street, 
which  was  originally  built  and  improved  by  Mr.  Barbour  for 
his  home.  Mr.  Barbour  much  enjoyed  company  and  especially 
that  of  children.  He  wore  glasses  when  at  work  at  his  desk, 
and  if  one  came  into  his  office  he  did  not  take  them  off  but 
lifted  them  to  his  forehead,  squared  himself  in  his  chair  and 
conversed  readily  and  freely.  He  was  a  man  of  high  moral 
character  and  sterling  worth.  His  most  pretentious  literary 
work  was  that  of  preparing  and  editing  in  connection  with 
Walter  March  and  George  Carr  the  Revised  Statutes  of  1852, 
in  two  volumes.  This  was  a  very  serious  undertaking.  It  was 
generally  understood  that  Mr.  Barbour  performed  the  major 
portion  of  the  work.  It  was  most  excellently  done.  In  June, 
1853,  John  Freeman,  a  colored  man,  was  arrested  in  this  city 
as  a  fugitive  slave.  Mr.  Barbour,  with  the  able  assistance  of 
John  P.  Ketcham  and  John  Coburn,  defended  him.     This  was 


198  Marion  County  Bar 

Mr.  Barbour's  most  celebrated  case.  He  caused  a  writ  of 
habeas  corpus  to  be  issued  for  Freeman  by  Stephen  Major, 
the  haughty  Judge  of  the  Circuit  Court,  who  refused  to  sus- 
tain it,  announcing  the  startling  proposition  that  as  the  Consti- 
tution recognized  the  fact  of  African  slavery  in  its  provisions 
for  the  forcible  capture  and  return  of  all  persons  owing  service 
or  labor  fleeing  from  one  state  to  another,  and  as  all  slaves 
were  black,  the  presumption  at  law  must  be  that  all  black  men 
were  or  had  been  slaves.  This  looked  bad  for  Freeman,  but 
his  counsel  did  not  despair  of  ultimately  winning  his  case,  and 
by  great  and  persistent  labor  they  did  win  it.  Freeman  con- 
tinued to  reside  in  Indianapolis  until  the  time  of  his  death. 
I  knew  him  well  as  a  very  worthy  citizen. 

John  D.  Howland  was  born  in  Baltimore,  April  29,  1818. 
While  he  was  yet  a  boy  the  family  moved  to  Brookville, 
Indiana.  He  married  a  daughter  of  Alfred  Harrison,  who 
for  many  years  was  a  prominent  banker  and  highly  respected 
citizen  of  Indianapolis.  He  was  the  father  of  Louis  Howland, 
editor  of  the  Indianapolis  News;  Hewitt  Howland,  editor  of 
the  Bobbs-Merrill  publications,  and  Caroline  Howland,  a  lit- 
terateur. During  his  latter  years  he  lived  in  his  elegant  resi- 
dence at  the  southwest  corner  of  Capitol  Avenue  and  Mich- 
igan street.  He  was  quick  in  his  movements,  had  a  congenial 
disposition  and  hosts  of  friends.  It  was  a  pleasure  to  be 
counted  as  one  of  them.  I  knew  him  well,  and  held  him  in 
high  esteem.  He  dressed  neatly  and  elegantly.  He  had  a 
ruddy  complexion,  grayish  hair,  sparkling  eyes  and  wore  gold 
rimmed  glasses,  which  he  lifted  to  his  forehead  when  he  was 
at  work  at  his  desk.  He  was  very  industrious  and  a  great 
lover  of  good  literature.  To  him  must  be  given  the  credit  of 
promoting  the  first  public  library  in  this  city.  It  is  now  known 
as  the  Indianapolis   Public  Library,  and  has  just  taken  pos- 


Marion  County  Bar  199 

session  of  its  five  hundred  thousand  dollar  library  building. 
He  was  a  very  able  lawyer  and  was  strong  in  speech  both 
before  the  court  and  jury.  His  appointment  as  Clerk  and 
Master  Commissioner  of  the  Federal  Court  was  not  because 
of  any  "political  pull"  but  in  recognition  of  his  worth.  That 
position  he  held  with  great  credit  to  himself  and  to  the  entire 
satisfaction  of  the  people  until  the  time  of  his  death,  which 
occurred  December  5,  1877.  He  was  a  member  and  vestryman 
of  the  Episcopal  Church. 

David  Wallace,  the  father  of  Gen.  Lewis  Wallace,  author 
of  "Ben-Hur,"  and  William  Wallace,  the  well  beloved  lawyer 
of  this  city,  was  born  in  Mifflin  County,  Pennsylvania,  April 
24,  1799.  He  was  admitted  to  the  bar  in  1823  at  Brookville, 
Indiana.  In  1837  he  was  elected  Governor  of  Indiana  and 
moved  to  Indianapolis,  where  he  continued  to  reside  the 
remainder  of  his  life.  He  held  many  offices.  In  1856  he 
was  elected  Judge  of  the  Court  of  Common  Pleas  and  held 
that  office  until  he  died,  suddenly,  September  4,  1859.  It  was 
during  these  years  that  I  knew  him.  His  residence,  a  large 
two  story  frame  building,  was  at  the  corner  of  Massachusetts 
Avenue  and  New  Jersey  street.  As  I  knew  him,  he  was  of 
portly  build,  with  black  hair,  dark  sparkling  eyes  and  ruddy 
cheeks.  He  was  a  man  of  much  good  humor  and  one  who 
enjoyed  a  good  joke.  As  an  orator  he  had  few  equals.  His 
ability  was  such  that  he  was  constantly  in  demand  for  public 
addresses.  His  home  life  was  most  delightful,  and  young  peo- 
ple enjoyed  the  privilege  of  being  there  at  the  many  entertain- 
ments given  by  him  and  his  wife,  who  was  equally  as  good 
a  hostess  as  he  was  a  host.  As  a  Judge  he  was  able  and  impar- 
tial. He  was  elected  to  Congress  in  1841,  made  a  member  of 
the  Committee  of  Ways  and  Means  and  voted  in  favor  of 
donating  $30,000.00  to  Prof.  Morse  to  assist  him  in  construct- 


200  Marion  County  Bar 

ing  a  telegraph  line  between  Washington  and  Baltimore,  it 
being  the  first  to  be  constructed  in  the  world.  For  this  act 
he  was  ridiculed  by  his  political  opponents,  but  he  lived  to  see 
the  telegraph  established  in  nearly  all  the  countries  of  the 
world,  and  the  wisdom  of  his  action  acknowledged  by  all. 

John  L.  Ketcham,  son  of  Col.  John  Ketcham,  was  born 
in  Shelby  County,  Kentucky,  April  3,  1810.  He  was  brought 
by  his  father  to  this  State  in  1811,  the  Colonel  being  unwilling 
to  raise  his  family  under  the  baneful  influences  of  slavery. 
Mr.  Ketcham  graduated  at  Bloomington,  Indiana,  in  1834, 
and  then  came  to  Indianapolis  where  he  lived  until  his  sudden 
death.  He  was  a  man  of  about  the  average  height  with  broad 
shoulders,  and  was  one  of  the  finest  specimens  of  physical 
manhood  that  I  have  ever  known.  Erect  above  his  shoulders 
was  a  Websterian  head — indeed,  he  constantly  reminded  me 
of  a  fine  engraving  that  I  had  seen  and  admired,  of  Daniel 
Webster.  He  was  pugnacious.  These  advantages  with  a 
comprehensive  knowledge  of  the  law  and  a  fine  and  well 
modulated  voice,  made  him  an  eminently  successful  lawyer. 
He  commanded  and  enjoyed  a  large  practice.  His  large  and 
capacious  office  at  the  time  of  his  death  was  upstairs  at  the 
corner  of  Meridian  and  Washington  streets,  and  in  it  was 
found  the  largest  and  most  select  law  library  of  any  single 
lawyer  in  the  city.  I  was  Mr.  Ketcham's  friend,  and  why 
should  I  not  be  ?  I  have  already  said  that  I  failed  in  business 
with  an  indebtedness  of  $5,500.00  hanging  over  me.  Incident 
to  that  failure,  I  was  sued  by  a  leading  bank  of  this  city  on 
a  note  for  $3,000.00.  The  issue  made  in  the  case  had  to  be 
determined  upon  the  evidence  of  two  witnesses,  namely: 
myself  and  one  of  the  officers  of  the  bank.  My  veracity  was 
at  stake.  I  employed  Mr.  Ketcham  to  defend  me.  That  there 
might  be  no  mistake  as  to  whom  credit  was  to  be  given,  he 


Marion  County  Bar  201 

submitted  to  the  jury  interrogatories  covering  every  fact 
attempted  to  be  proven  in  the  case.  The  jury  answered  every 
one  of  them  in  my  favor  with  a  general  verdict  in  my  favor. 
Mr.  Ketcham  was  a  great  lover  of  music  and  the  leader  of 
the  choir  in  the  Fourth  Presbyterian  Church. 

John  B.  Dillon  was  an  eastern  man  and  as  I  have  already 
stated,  had  his  office  in  the  Johnson  Building,  with  a  living 
and  sleeping  room  in  the  same  building.  He  never  got  far 
away  from  his  headquarters.  He  was  a  bachelor,  very  quiet 
and  the  most  modest  man  that  I  have  ever  known.  He  wore 
a  silk  hat  and  dressed  well  in  black  with  a  frock  coat  which 
he  always  wore  buttoned.  His  eyes  were  bad  and  his  double 
dark-colored  glasses,  which  he  wore  constantly,  were  fitted 
into  heavy  six-sided  instead  of  oval  eye-frames ;  these  detracted 
from  his  appearance  very  much.  He  was  a  great  student  of 
history,  and  the  author  of  a  history  of  early  Indiana — the 
first  I  think  that  was  published.  It  has  been  out  of  print  for 
many  years.  It  is  still  regarded  as  the  standard  authority 
upon  the  early  history  of  our  State.  The  most  gracious  thing 
that  Calvin  Fletcher  did  when  he  wrote  his  will  was  to  remem- 
ber Mr.  Dillon  in  it.    Item  Six  reads : 

"That  my  Executor  be  further  charged  with  the  payment 
of  $200.00  annually  for  10  years  to  aid  the  Orphan  Asylum 
and  the  poor  of  the  City  of  Indianapolis,  and  $1,000.00  to 
Miss  Mary  Rariden,  daughter  of  my  well  remembered  friend, 
James  Rariden,  deceased,  who  aided  me  in  my  early  practice 
of  the  law,  to  be  paid  to  her  in  three  annual  installments,  with- 
out interest ;  and  also  $500.00  to  my  friend  John  B.  Dillon,  a 
worthy  man  and  neglected  historian  of  our  State." 

Robert  L.  Walpole  before  becoming  a  lawyer,  if  I  am  not 
mistaken,  was  a  tobacconist.  He  was  of  rugged  build  and 
had  everything  but  a  pleasing  appearance.     His  face  was  that 


202  Marion  County  Bar 

of  the  bull-dog  outline.  He  was  an  incessant  and  fifthy  chewer 
of  tobacco.  His  movements  were  slow  and  sluggish.  He 
was  a  man  of  great  perseverance  and  persistence,  and  by  his 
application  overcame  the  disadvantages  of  a  very  limited  edu- 
cation. His  chirography  was  unlike  th?i  of  any  other  person 
— it  was  simply  a  series  of  up  and  down  marks,  like  the  ins 
and  outs  of  a  rail  fence.  Often  he  could  not  read  what  he 
had  written  until  he  was  told  what  it  was  about.  Occasionally 
the  Court  required  him  to  have  legible  copies  made  of  his 
pleadings  in  order  to  save  time  and  annoyance  of  trying  to 
decipher  them.  If  he  had  a  difficult  complaint  to  write  he 
would  make  a  "stagger"  at  it.  Of  course  a  demurrer  would 
be  filed  to  it,  and  set  down  for  argument.  Counsel  for  the 
defendant  would  point  out  the  defects  of  the  complaint  and 
almost  invariably  the  Court  would  sustain  the  demurrer.  Wal- 
pole  would  then  take  leave  to  amend  and  in  doing  so  would 
embody  in  the  amended  complaint  the  suggestions  made  by 
the  defendant's  counsel.  It  was  in  this  way  he  perfected  his 
complaint.  Strange  to  say  he  had  a  large  and  profitable  prac- 
tice, both  civil  and  criminal.  If  he  was  on  the  wrong  side  of 
a  case  he  was  never  ready  for  trial,  and  would  obtain  con- 
tinuances if  it  was  possible  to  do  so.  One  way  resorted  to, 
to  secure  continuances  was  to  lose  the  papers.  Perhaps 
his  most  celebrated  case  was  that  of  the  State  vs. 
Longnecker.  Longnecker  lived  west  of  the  city  and 
was  killed  by  slow  poison  administered  to  him,  and  his 
wife  was  accused  of  having  administered  the  poison.  She  was 
arrested,  tried,  convicted  and  sentenced  to  the  penitentiary 
for  life.  Her  conviction  rested  almost  entirely  upon  circum- 
stantial evidence.  William  P.  Fishback  prosecuted  the  case. 
One  of  the  points  made  by  Fishback  was  that  the  defendant 
manifested   no  grief   when   Longnecker   died — did   not   even 


Marion  County  Bar  203 

shed  a  single  tear.  Walpole's  reply  was  that  deepest  grief 
never  finds  expression  in  emotion  and  tears,  but  in  silence.  I 
was  present  at  the  trial  and  remember  how  stoically  Mrs. 
Longnecker  appeared  in  Court — perfectly  unmoved  by  any- 
thing that  was  said  or  done.  At  the  time  of  his  death  Wal- 
pole  was  residing  in  his  large  two-story  brick  residence  on 
Meridian  street  north  of  where  the  First  Baptist  Church  now 
stands.  He  was  a  bachelor  and  his  maiden  sister  lived  with 
him.  He  uniformly  wore  a  silk  hat  and  dress  suit.  He  was 
popular  with  the  rabble,  but  did  not  have  many  intimate 
friends  with  the  better  class  of  citizens. 

I  knew  Hugh  O'Neal  very  well.  For  a  long  time  our  ofBces 
were  in  the  College  Hall  building.  I  used  mine  both  as  an 
office  and  living-room.  During  that  time,  I  heard  O'Neal 
make  the  same  speech  twice  within  twenty- four  hours  in  the 
same  case.  That  came  about  in  this  way :  He  was  employed 
to  defend  a  murder  case,  which  attracted  much  attention.  I 
do  not  now  recall  the  title  of  the  case.  The  taking  of  the  evi- 
dence was  finished  in  the  afternoon  and  the  case  adjourned  to 
the  next  morning.  That  night  O'Neal  walked  to  and  fro  in  the 
large  open  hall  between  our  offices  and  delivered  his  speech 
to  the  walls  of  the  hall.  Next  day  he  delivered  the  same 
speech  in  open  Court  to  the  jury.  It  was  a  powerful  argument 
and  an  impassioned  appeal.  He  was  a  great  orator — without 
an  equal  at  the  bar.  He  was  of  Irish  descent,  and  the  son 
of  Thomas  and  Rachel  O'Neal.  He  came  of  a  family  of  dis- 
tinguished lawyers.  He  was  born  in  Waynesville,  Ohio, 
November  7th,  1812.  He  came  with  his  parents  to  Indian- 
apolis, February  10th,  1821.  He  attended  school  at  the  Old 
Seminary  which  stood  near  the  southwest  corner  of  University 
Park.  Its  location  is  marked  by  a  small  stone  monument. 
He  entered  the  State  University  at  Bloomington  but  did  not 


204  Marion  County  Bar 

finish  the  prescribed  course  on  account  of  the  cholera  having 
appeared  in  that  town.  He  was  a  self  made  man.  His  edu- 
cation was  very  complete  and  his  command  of  good  English 
was  quite  wonderful.  He  was  a  man  of  medium  size,  and 
reminded  me  much  of  engravings  that  I  had  seen  of  Henry- 
Clay.  He  carried  himself  with  an  erect  and  haughty  bearing. 
He  dressed  well,  wore  a  silk  hat,  and  frock  coat  which  gen- 
erally was  buttoned  closely  about  him.  He  was  a  bachelor 
and  not  much  of  a  society  man.  His  ideals  were  of  the  highest 
order.  He  gave  but  little  attention  to  the  Civil  practice,  his 
chosen  field  being  that  of  the  Criminal  law,  in  the  practice  of 
which  he  was  very  honorable  and  successful.  His  office  in  the 
latter  years  of  his  life  was  in  the  Aetna  Building  on  North 
Pennsylvania  street,  and  he  boarded  at  Mrs.  Morrison's  on  the 
same  street,  that  being  the  leading  boarding  house  in  this  city. 
He  died  December  27th,  1860,  and  was  buried  in  Crown  Hill 
Cemetery.  No  gravestone  marks  the  last  resting-place  of  his 
mortal  remains.  His  nephew,  Mr.  Hugh  O'Neal  McVey, 
assures  me  that  he  intends  to  place  a  suitable  marker  at  his 
grave.  Mr.  McVey  is  with  us  tonight  and  has  with  him  a  fine 
daguerreotype  of  his  uncle,  which  no  doubt  you  will  be  glad 
to  see. 

I  studied  law  with  the  firm  of  Gordon  &  Conner,  composed 
of  Jonathan  W.  Gordon  and  Alexander  H.  Conner.  Their 
office  was  the  rear  room  over  No.  10  East  Washington  street. 
The  stairway  up  to  it  was  a  long  and  steep  one.  Many  cart 
loads  of  coal  have  I  carried  up  it  to  the  office,  for  it  was  my 
duty  as  office  boy,  to  carry  it  up,  build  the  fires,  and  keep  the 
office  clean.  This  firm  was  widely  known  and  had  a  large 
general  practice. 

Jonathan  W.  Gordon  came  to  Indianapolis  from  Versailles, 
in  Ripley  County.     He  first  studied  medicine  and  graduated 


Marion  County  Bar  205 

as  a  physician.  He  abandoned  that  profession,  and  took  up 
the  study  of  law.  He  was  then  very  poor  and  had  to  borrow 
books.  He  borrowed  from  Joseph  Reeder  Troxell  "Starkie 
on  Evidence."  Accidentally  he  turned  over  an  oil  lamp 
and  spilled  oil  on  the  borrowed  volume  and  spoiled  it. 
He  thought  he  must  replace  the  volume  with  a  new  one,  and 
he  did  so.  The  spoiled  volume  he  gave  to  me,  and  it  is  yet 
the  most  highly  appreciated  volume  in  my  law  library.  It  still 
bears  the  coloring  and  marks  caused  by  the  accident.  Gor- 
don's extensive  medical  and  legal  knowledge  made  him  a  for- 
midable adversary  in  a  case  involving  a  question  of  medical 
jurisprudence.  He  truly  was  a  great  criminal  lawyer,  and  as 
such  was  employed  in  many  celebrated  criminal  cases.  He 
was  a  great  lover  of  fine  books,  especially  if  they  were  beau- 
tifully bound,  and  had  uncut  leaves.  He  would  buy  such 
books,  even  though  he  had  not  enough  food  in  the  house  for 
his  family.  The  first  thing  he  did  after  buying  a  book  was 
to  write  on  the  fly-leaf  "Dog-ear  no  leaf  of  this  book."  He 
then  would  open  the  book,  and  cut  the  leaves  apart  as  he  read. 
He  almost  always  read,  not  with  closed  lips,  but  in  an  under- 
tone to  himself.  He  was  a  very  industrious  man  and  did  an 
immense  amount  of  work  that  brought  him  much  money 
which  was  recklessly  spent.  He  knew  not  the  worth  of  money 
nor  how  to  take  care  of  it.  He  was  always  in  debt,  and  died 
a  very  poor  man.  He  was  an  eccentric  man  without  a  balance. 
Alexander  H.  Conner  was  the  son  of  William  Conner,  the 
Indian  trader,  and  was  born  on  the  "Conner  Farm"  on  White 
River  this  side  of  Noblesville.  He  had  a  collegiate  education. 
He  was  a  very  large  man  with  a  very  pleasing  round,  ruddy 
face.  He  was  possessed  of  a  very  congenial,  happy  tempera- 
ment, and  this  made  it  easy  for  him  to  gather  about  him  a 
large  following  of  friends.     He  was  popular  in  society.     He 


206  Marion  County  Bar 

was  a  good  but  not  a  great  lawyer,  due  in  a  great  measure  to 
his  dislike  for  hard  work  and  close  application  to  the  study 
of  law.  He  had  a  large  patrimony,  and  was  in  easy  circum- 
stances when  I  officed  with  him.  Excepting  my  immediate 
family,  he  was  the  best  friend  that  I  have  ever  had.  He  was 
my  endorser  in  bank  when  I  failed  in  business,  and  was  the 
first  person  to  whom  I  went  with  the  story  of  my  failure. 
When  I  had  related  this  story  to  him,  he  said:  "You  want 
to  know  what  to  do?"  I  said  "Yes."  He  replied:  "The  first 
thing  you  must  do  is  to  take  care  of  your  family;  then  pay 
those  to  whom  you  owe  the  least  for  they  probably  will  need 
their  money  most,  and  then  pay  those  to  whom  you  owe  the 
most,"  which  as  a  matter  of  fact,  would  include  himself. 
About  that  time  John  C.  Buffkins,  whose  health  was  failing, 
and  who  was  Common  Pleas  prosecutor  for  the  District  of 
Marion,  Hendricks  and  Boone  Counties,  resigned  his  orrfce 
and  recommended  me  to  Governor  Morton  for  appointment 
as  his  successor.  I  was  appointed,  regained  my  practice  and 
paid  my  debts  with  accrued  interest.  Mr.  Conner  was  ap- 
pointed postmaster,  and  with  the  Douglas  Brothers  bought 
the  Journal.  Their  partnership,  like  mine,  proved  unfortunate 
and  broke  up  Mr.  Conner.  He  felt  his  loss  very  keenly,  and 
as  a  consequence  left  Indianapolis  and  went  to  Fort  Kearney 
with  the  view  of  making  a  new  start  in  life.  He  entered  land 
in  that  vicinity  and  during  the  first  year  lived  in  a  "dug-out" 
or  sod  home.  He  was  successful  in  business  and  soon  was 
living  at  Kearney  Junction.  I  visited  him  in  the  summer  of 
1882  and  found  him  well  and  pleasantly  situated,  and  the 
same  genial  "Ham  Conner"  who  years  past  had  been  my  fast 
friend.  Afterwards  he  was  appointed  one  of  the  Commis- 
sioners to  Codify  the  Laws  of  NJebraska. 

Within  a  dozen  years  after  the  publication  of  the  Code  of 


Marion  County  Bar  207 

1852,  there  was  a  large  acquisition  to  the  Marion  County  Bar 
who  already  or  soon  thereafter,  became  distinguished  lawyers, 
and  added  much  luster  to  its  high  reputation.  Most  of  these 
men  came  from  out  counties  and  had  had  their  training  under 
the  Constitution  of  1816,  and  the  Statutes  passed  under  it, 
and  like  those  already  named  were  well  founded  in  the  prin- 
ciples of  the  law.  Among  these  may  be  named  Benjamin 
Harrison,  William  Wallace,  Napoleon  B.  Taylor,  Frederick 
Rand,  Reginald  Hall,  John  S.  Tarkington,  David  McDonald, 
William  P.  Fishback,  Byron  K.  Elliott,  John  T.  Dye,  Addison 
C.  Harris,  Oscar  B.  Hord,  Thomas  A.  Hendricks,  Abram  W. 
Hendricks,  Joseph  E.  McDonald,  John  M.  Butler,  Conrad 
Baker,  Henry  W.  Ellsworth,  Fabius  M.  Finch  and  others 
whose  names  I  do  not  now  recall.  An  account  of  them  or 
either  of  them,  comparatively  speaking,  would  be  modern  his- 
tory, and  not  within  the  scope  of  this  paper.  I  have  known 
all  of  the  gentlemen  I  have  named.  Excepting  Judge  Tarking- 
ton they  all  have  passed  over  the  river  to  the  unknown  country 
beyond.  My  stooping  shoulders,  shaking  hand  and  faltering 
footsteps  admonish  me  that  in  the  near  future  I  must  follow 
them.  When  I  have  reached  the  brink  of  the  river  I  will  have 
the  consciousness  of  having  in  some  measure  associated  with 
the  most  of  this  coterie  of  learned,  distinguished  men  and 
worthy  citizens  who  contributed  no  small  share  to  laying  the 
foundations  for  this,  "A  No  Mean  City,"  and  of  having  lived 
in  the  most  wonderful  period  of  the  world's  history.  Steam 
navigation  and  railroading  were  in  their  infancy  when  I  was 
born,  May  28,  1838.  The  first  voyage  of  a  passenger  steam- 
boat, the  Sirius,  was  made  that  year  from  London  to  New 
York  in  seventeen  days.  In  that  year  there  was  not  a  mile 
of  railroad  in  Indiana,  and  but  eighteen  hundred  and  thirty- 
eight  miles  had  been  completed  in  the  United  Stales.    In  1848 


208  Marion  County  Bar 

I  saw  the  first  passenger  train  come  into  Indianapolis,  and  it 
about  frightened  me  to  death.  My  father  could  not  get  me 
near  to  the  engine.  Petroleum  and  natural  gas  then  had  not 
been  discovered.  Photography,  wire  and  wireless  telegraphs, 
telephones,  linotypes,  sewing  machines,  aeroplanes,  submarine 
boats,  interurban  and  street  cars,  automobiles,  traction  engines, 
the  X-ray  and  India  rubber  and  its  uses  were  then  unknown. 
Electricity  had  been  bridled  by  Benjamin  Franklin  but  not 
developed  and  put  to  use.  It  remained  for  Thomas  A.  Edi- 
son, the  wizard  of  electricity  at  Menlo  Park,  to  harness  it 
and  make  it  subserve  almost  every  imaginable  use  of  life.  Not 
only  has  he  done  this,  but  what  to  me  is  most  wonderful,  he 
has  invented  the  phonograph,  by  which  the  human  voice  in 
speech  and  song  is  caught  and  preserved  for  all  future  time. 
Not  long  since  as  I  walked  down  street  I  stopped  in  at  Pear- 
son's music  store  and  heard  from  a  Victrola,  William  Jennings 
Bryan's  great  speech,  entitled  "Immortality"  and  Madame 
Schumann-Heink's. wonderful  song  from  Sampson  and  Delilah, 
entitled  "The  Wandering  Night  Song."  It  requires  no  great 
stretch  of  imagination  to  believe  that  the  great  speech  and 
wonderful  song  might  be  found  in  the  ruins  of  the  Smithsonian 
Institution,  a  thousand  years  from  now  and  delivered  in  the 
same  natural  tones  in  which  they  were  first  uttered.  What 
could  be  more  wonderful ! 

Gentlemen,  this  is  my  first  and  last  address  before  our 
Association.  Perhaps  it  has  been  too  personal.  I  thank  you 
for  your  presence,  and  patiently  listening  to  the  reading  of 
it.  Members  of  the  Marion  County  Bar  and  the  people  of 
my  native  city  have  been  good  to  me.  Of  this  I  have  tried  to 
be  not  unmindful,  and  have  in  some  measure,  contributed  of 
my  means  and  time  to  the  uplift  of  this  city.  Again  I  thank 
you. 

December  5th,  1917. 


